The irony of someone like Attorney General Eric Holder taking the first steps on Friday to begin implementing some of Barack Obama’s 23 executive orders is quite telling, especially since he is still embroiled in the midst of a bloody gun running scandal known as Fast and Furious. Holder released three proposals that are “intended to promote public safety, to enhance the efficiency of the National Instant Criminal Background Check System (NICS) operations, and to resolve difficulties created by unforeseen processing conflicts within the system.”
Never mind that Vice President Joe Biden said they didn’t have time to prosecute those that lied on forms that would be submitted as part of purchasing a firearm.
The proposals put forth by the Obama Justice Department include giving local law-enforcement agencies access to the Federal Bureau of Investigations (FBI) gun-sale database. This would also included preserving records of denied weapons sales indefinitely.
Holder argues that there is no longer any need to remove records for storage after ten years and thus they can be kept indefinitely.
Currently, law enforcement is not able to perform a NICS check when transferring, returning, or selling firearms that have been recovered, seized, or recovered. That would all change under the new rules.
Holder’s proposal in this area is in response to the January 16 Presidential memorandum titled, “Improving Availability of Relevant Executive Branch Records to the National Instant Criminal Background Check System.”
Holder wrote in the proposal notice, “The FBI has therefore determined that for NICS’ own internal business operations, litigation and prosecution purposes, and proper administration of the system, NICS shall retain denied transaction records on site. The retention of denied transaction information … will enhance the efficiency and operational capability of the NICS.”
These rules will also give Native American tribes access to the NICS.
So far, the Justice Department is the first to begin implementation of the directives issued by Obama last week. According to the memo, “Within 60 days of issuance of guidance pursuant to subsection (a) of this section, agencies shall submit a report to DOJ advising whether they possess relevant records, as set forth in the guidance, and setting forth an implementation plan for making information in those records available to the NICS, consistent with applicable law.”
